T.'s family, a 5-year-old girl who broke her arm while playing in a playground in the north, sued the insurance company - which refused to pay • A compensation agreement was finally reached between the parties
Family won lawsuit (illustration)
About three years ago, when T. was five years old, she and her mother visited a playground located in one of the largest department stores in the north of the country. As the two were about to leave, T. slipped on a ball that rolled out of the ball pool instead.
The girl fell, broke her arm and needed surgery. After recovering from her injury, it became clear that she was left with limited mobility in her hand, as well as a scar on her elbow. The girl's family decided to file a lawsuit against two insurers, one under a student personal accident insurance policy, and the other on negligence grounds against the department store insurer who owns, operates and maintains the playground.
Initially, the insurance company refused to pay the family on the grounds that it was not her responsibility but the sole responsibility of the parents. She also noted that there are signs at the place stating that the responsibility is on the parents.
The law firm of Lavie-Wolinitz, which handled the lawsuit, claimed that it was actually the negligence of the department store because it did not concern their claim for the safety of the toddlers on the spot, among other things due to the fact that no supervisor and / or operator was stationed. In addition, it was argued that if a maintenance person were present, he would surely take care of cleaning the place, collecting games that are not in their natural place and preventing dangers from the toddlers who use the place.
The lawyers argued that there could not be a situation in which, on the one hand, a playground was set up for the use and enjoyment of the parents and their children visiting the place, and on the other hand it was left without any maintenance and supervision.
Lawyer Sigal Lavie from the law firm Lavie-Wolinitz, who represented the girl in the lawsuit, told Israel Today: "In the end, the claims we raised in the Magistrate's Court in Haifa were accepted and a settlement was reached according to which the girl was compensated in the amount of NIS 450,000 for medical damages. Caused to her. "